Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue

Melvin Urofsky's major new audiobook looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country's history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States.

John Marshall: The Chief Justice Who Saved the Nation

A soul-stirring biography of John Marshall, the young Republic's great chief justice who led the Supreme Court to power and brought law and order to the nation. In the political turmoil that convulsed America after George Washington's death, the surviving Founding Fathers went mad - literally pummeling each other in Congress and challenging one another to deadly duels in their quest for power. Out of the political intrigue, one man emerged to restore calm and dignity to the government: John Marshall.

The Great Dissent: How Oliver Wendell Holmes Changed His Mind and Changed the History of Free Speech in America

Free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States.

Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law

Walter Frank tackles, in a comprehensive but lively manner, subjects rarely treated in one volume. Aiming at both the general listener and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context.

Supreme Power: Franklin Roosevelt vs. the Supreme Court

Beginning in 1935, in a series of devastating decisions, the Supreme Court's conservative majority left much of Franklin Roosevelt's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices - and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.

The American Civil War

Between 1861 and 1865, the clash of the greatest armies the Western hemisphere had ever seen turned small towns, little-known streams, and obscure meadows in the American countryside into names we will always remember. In those great battles, those streams ran red with blood-and the United States was truly born.

Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices

They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpions tells the story of four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

The Nine: Inside the Secret World of the Supreme Court

Based on exclusive interviews with justices themselves, The Nine tells the story of the Supreme Court through personalities, from Anthony Kennedy's overwhelming sense of self-importance to Clarence Thomas' well-tended grievances against his critics to David Souter's odd 19th-century lifestyle. There is also, for the first time, the full behind-the-scenes story of Bush v. Gore and Sandra Day O'Connor's fateful breach with George W. Bush, the president she helped place in office.

The Court and the World: American Law and the New Global Realities

In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity - from the conduct of national security policy to the conduct of international trade - obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites, it has become clear that judicial awareness can no longer stop at the water's edge.

The Constitution: An Introduction

From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.

Robert Stefanovich says:"The Constitution-A must reading for All Americans"

The Activist: John Marshall, Marbury v. Madison, and the Myth of Judicial Review

In the waning days of his presidency, in January 1801, John Adams made some historic appointments to preserve his Federalist legacy. Foremost among them, he named his secretary of state, John Marshall, Chief Justice of the Supreme Court-neither of them anticipating that Marshall would soon need to decide the most crucial case in Supreme Court history-Marbury vs. Madison.

The Hidden Life of Trees: What They Feel, How They Communicate - Discoveries from a Secret World

How do trees live? Do they feel pain or have awareness of their surroundings? Research is now suggesting trees are capable of much more than we have ever known. In The Hidden Life of Trees, forester Peter Wohlleben puts groundbreaking scientific discoveries into a language everyone can relate to.

The Federalist Papers

Originally published anonymously, The Federalist Papers first appeared in 1787 as a series of letters to New York newspapers exhorting voters to ratify the proposed Constitution of the United States. Still hotly debated and open to often controversial interpretations, the arguments first presented here by three of America's greatest patriots and political theorists were created during a critical moment in our nation's history.

Hitler: Ascent 1889-1939

For all the literature about Adolf Hitler, there have been just four seminal biographies; this is the fifth, a landmark work that sheds important new light on Hitler himself. Drawing on previously unseen papers and a wealth of recent scholarly research, Volker Ullrich reveals the man behind the public persona, from Hitler's childhood, to his failures as a young man in Vienna, to his experiences during the First World War, to his rise as a far-right party leader.

The Quartet: Orchestrating the Second American Revolution, 1783-1789

From Pulitzer Prize-winning American historian Joseph J. Ellis, the unexpected story of why the 13 colonies, having just fought off the imposition of a distant centralized governing power, would decide to subordinate themselves anew.

Whistlestop: Reporting the Stories That Make Campaign History

Whistlestop tells the human story of nervous gambits hatched in first-floor hotel rooms, failures of will before the microphone, and the cross-country crack-ups of long-planned stratagems. At the bar at the end of a campaign day, these are the stories reporters rehash for themselves and embellish for newcomers. In addition to the familiar tales, Whistlestop also remembers the forgotten stories about the bruising and reckless campaigns of the 19th century.

Ratification: The People Debate the Constitution, 1787-1788

When the Constitutional Convention in Philadelphia adjourned late in the summer of 1787, the delegates returned to their states to report on the new Constitution, which had to be ratified by specially elected conventions in at least nine states. Pauline Maier recounts the dramatic events of the ensuing debate in homes, taverns, and convention halls, drawing generously on the speeches and letters of founding fathers, both familiar and forgotten, on all sides.

The Supreme Court: The Personalities and Rivalries That Defined America

A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives. The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.

Why the Right Went Wrong: Conservatism from Goldwater to the Tea Party and Beyond

Why the Right Went Wrong offers a historical view of the right since the 1960s. Its core contention is that American conservatism and the Republican Party took a wrong turn when they adopted Barry Goldwater's worldview during and after the 1964 campaign. Since 1968, no conservative administration could live up to the rhetoric rooted in the Goldwater movement that began to reshape American politics 50 years ago.

The Modern Scholar: Law of the Land: A History of the Supreme Court

This course explores the court as a living, breathing institution - one subject to the press of public opinion yet removed from its direct impact - one whose members have as often as not been vilified or praised. Listeners will come to know the court through a thorough study of its most significant decisions. The individual lectures explore both the personalities and legal reasoning behind, as well as the political impact of, these landmark cases.

Thomas Jefferson: The Art of Power

In this magnificent biography, the Pulitzer Prize-winning author of American Lion and Franklin and Winston brings vividly to life an extraordinary man and his remarkable times. Thomas Jefferson: The Art of Power gives us Jefferson the politician and president, a great and complex human being forever engaged in the wars of his era. Philosophers think; politicians maneuver. Jefferson’s genius was that he was both and could do both, often simultaneously. Such is the art of power.

Empire of Liberty: A History of the Early Republic

In Empire of Liberty, one of America's most esteemed historians, Gordon S. Wood, offers a brilliant account of the early American Republic, ranging from 1789 and the beginning of the national government to the end of the War of 1812. As Wood reveals, the period was marked by tumultuous change in all aspects of American life - in politics, society, economy, and culture.

Louis D. Brandeis: A Life

The first full-scale biography in 25 years of one of the most important and distinguished justices to sit on the Supreme Court - an audiobook that reveals Louis D. Brandeis the reformer, lawyer, and jurist, and Brandeis the man, in all of his complexity, passion, and wit. As a lawyer in the late 19th and early 20th centuries, he pioneered how modern law is practiced.

Publisher's Summary

In 1800, the United States teetered on the brink of a second revolution. The presidential election between Adams and Jefferson was a bitterly contested tie, and the government neared collapse. The Supreme Court had no clear purpose or power - no one had even thought to build it a courtroom in the new capital city.

When Adams sought to prolong his policies in defiance of the electorate by packing the courts, the fine words of the new Constitution could do nothing to stop him. It would take a man to make those words good, and America found him in John Marshall.

The Great Decision tells the riveting story of Marshall and of the landmark court case, Marbury v. Madison, through which he empowered the Supreme Court and transformed the idea of the separation of powers into a working blueprint for our modern state.

Rich in atmospheric detail, political intrigue, and fascinating characters, The Great Decision is an illuminating tale of America's formative years and of the evolution of our democracy.

What the Critics Say

"[T]heir book provides a colorful description of the tumultuous times in which the Court rendered its landmark judgment. And the book's implicit references and comparisons to our own politically divisive times will not be lost on the attentive reader." (The Washington Post)"In this highly accessible book, the authors skillfully build suspense and tension around an outcome readers may already know." (Booklist)

It is fascinating to learn more about the country's leading characters in the early days of this republic. An interesting story, well told, which expanded my understanding of this country, and its history.

The 1800 elections unveiled a schism in the body politic for the first time in U.S. history. The battle of the two party systems begins with this election. In the final days of John Adam’s presidency, he tried to appoint as many Federalist as possible to position established in legislation passed by the outgoing Federalist majority Congress. He had recently appointed John Marshall as Chief Justice of the Supreme Court when John Jay refused to take the job again. A handful of commissions for justice of the peace remained undelivered when incoming Democratic-Republican President Thomas Jefferson took office. Jefferson ordered his Secretary of State, James Madison, not to deliver them. A disgruntled office seeker, William Marbury, sued to have his commission honored.

The book is well-research even including some contemporary newspaper accounts. The book reads like a political thriller. Marbury V Madison is considered the most important legal case in American history. The case established the judiciary as the final arbiter of any conflict between the law and the Constitution. The authors supply Marbury’s historical context and unravels the complex fabric of personalities, politics and law that animated the case. Sloan and McKean spent most of the book on the 1800 election and the thoughts of Adams and Jefferson. I wished they would have spent equal or more time on John Marshall and how he came to his decision. The book suffers from occasionally losing momentum, dragging and poor editing. But overall the book provided a review of the history of the 1800 election, the antagonism between Adams and Jefferson as well as insight into legal history. If one is interested in American history and legal history this is a great book to start with. Peter Jay Fernandez did a good job narrating the book.

Recommended as a fascinating judgement, backed by a well rounded examination of the historical background

Who was your favorite character and why?

Not applicable

What about Peter Jay Fernandez’s performance did you like?

The narration was clear, expressive and sonorous.

Was there a moment in the book that particularly moved you?

It was cool to realise the clever twist that Marshal CJ made at the end of the judgement

Any additional comments?

The audio book ended poorly, because the Appendix, where the judgement was narrated in full in the original production, was obviously truncated part of the way through in this Audible production. Poor form Audible!

I had heard of Marbury v Madison mentioned quite frequently and only had a general, vague idea of what the case was about but this book gave me a much better understanding and appreciation for the historical context and complexity of the case. It also gave me a fuller understanding of our Constitution and the formation of the government which it spawned. I thought The Great Decision was a great book and highly recommend it to anyone wanting to gain a greater understanding of our history and Constitution.

What was one of the most memorable moments of The Great Decision?

The explanation of John Marshal's decision in the case.

What about Peter Jay Fernandez’s performance did you like?

I though he did a very good job.

Was this a book you wanted to listen to all in one sitting?

No. There was so much information that I found it better to listen for an hour or so and then have time to digest what I had heard.

This seemed like an "abridged" reading. Chapters were short and leaving me hungry for more information. I also felt the book lacked direction. It took a long time to even get to the Great Decision. I couldn't tell if this was a book about the early Founding Fathers, the debate between Republicans & Federalists, the Court's history or a biography of Marshal. It probably should have been all of the above in a longer book. It is also frustrating when statements are mentioned, both correctly and incorrectly, in different chapters. For example: Marshal was referred to as both the 3rd and 4th Chief Justice & The number of ballots needed in the Jefferson/Burr decision was referred to as both 35 and 36. Narration was a bit slow, but very clear enjoyable listen.All in all, I enjoyed the book. A great part of judicial history that has not been given enough attention. Characters were well researched. I like any book that I walk away from learning something.

The first case I read for my Constitutional Law class in law school was Marbury v. Madison (1803) 5 U.S. 137, 1 Cranch 137. I was brand new to law school, and the case mystified me. I understood why Marbury v. Madison was crucial to establishing the Judiciary as a co-equal branch of government, along with the Executive and Legislative branches. Despite my love of American History, I lacked specific knowledge of the political history and judicial structure to understand how the case ended up in the U.S. Supreme Court.

Cliff Sloan and David McKean's "The Great Decision: Jefferson, Adams, Marshall and the Battle for the Supreme Court" (2009) gave me the context I was missing.

John Adams, the Federalist second president of the United States, lost a bid for re-election. The winner was a Democratic-Republican, but the electoral college votes were evenly split between Thomas Jefferson and Aaron Burr.

While Jefferson and Burr schemed and plotted, Congress worked to determine who would be the third president. In that confused period of time, Adams made hundreds of Federalist appointments. One of those was the Chief Justice of the Supreme Court, John Marshall. Adams also appointed William Marbury as a Justice of the Peace in the District of Columbia.

After Jefferson took office, Marbury's commission was never delivered and Marbury filed a writ of mandamus against James Madison, Jefferson's Secretary of State, asking that the Executive Branch be required to appoint him.

"The Great Decision" describes the physical and cultural condition of Washington, DC at the time and the strengths and weaknesses of the men involved. For example, Jefferson had so little regard for the judiciary as a whole and the Supreme Court specifically, he didn't bother to send a lawyer to represent the government. Jefferson also hated his second cousin, Marshall, which contributed to his disdain.

I was fascinated by the "The Great Decision", and it adds an important perspective to the adoption of the constitution as we know it today. That point is often lost among ubiquitous biographies of the founding fathers, although the Courts haven't forgotten it. According to Google Scholar, Marbury v. Madison has been cited by federal courts 24,589 times.

Peter Jay Fernandez narration was good, but don't listen to the last chapter (42 minutes) without a strong cup of coffee. It's the actual decision, and Marshall was establishing another Supreme Court precedent: making even the most exciting decision sound dull and repetitive.

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A great history, telling the story not just of the legal case of Marbury v Madison, but setting it in context. It painted a picture of the people, places and politics that wasn't covered nearly to that depth and breadth in my AP US History lessons on the era and case. It delved into the roles and relationships of all of the directly and indirectly involved figures and public officials. It shed a whole new light and perspective on those few years of history for me. I only had trouble a few times keeping track of the narration when it used occasional quotes from letters and other historical records... the unfamiliar style of those documents I'm sure would have been easier understood in written form than audio. Overall a great read, engaging and well narrated.

John Marshall is widely viewed as the man who established judicial review in the United States. This is an engaging account of the circumstances and politics surrounding Marbury v Madison. Judicial review and the independence of the judiciary are fundamental to the American system; here are the details of how that came to be.

Chief Justice Marshall had a clear grasp of the issues and understood that only a strong supreme court could defend American democracy. We can all be thankful that this strong leader was able to bring the court up to equality with the other two branches of government.

For any American History buff, it is a must, A superb description of Marbury v Madison, the issues surrounding the same, and the personages involved. John Marshall towers in early American history, and I hardly knew him at at all. Long enough to learn something from, but short enough not to bog down, Well read. Get it.